The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1887-01-13
The Hssalng ~ licences Uaaor the
new Conoeftuelo
BnooKsyrIIr. Fla, January 8. ise

BRooKsvrLLE, FLA, January g, 1887.
Editors FJoridiaa.. have Just read with
much surprise Attorney General Oeoper's opin-
ION on Sections and II Of Article 8, of the
New Constitution, as to whether or not on and
after January 1, 1884, licenses required by law
70 be issued in the several counties shall under
the New Constitution, be issued by the respect
i've County Judges Section II of Article g. Of
the Old Constitution and Section II of Article 8,
of the New Constitution, differ but little. in sub
ssance, the principal difference being that under
the Old Constitution the County Judge shall
have and exercise the civil and criminal juris-
diction of Justices of the Peace" while I'M
der the New Constitution "the County Judge
In which the demand OF value Of property in
volved shall not exceed one hundred dollars,
and of such criminal cases as the Legislature
may prescribe" As under the Old Constitution,
Section Is of Article Q, II IL provided that JUS
tees of the Peace shall have jurisdiction in civil
actions at law in cases In which the amount or
value involved does not exceed one hundred
dollars; and In criminal cases their powers
shall be fixed by law, will be seen that County
Judges have virtually the same power and ju-
risdiction under the New Constitution that they
possessed under the Old. Now, In Section II Of
Article of the new Constitution, it s further pro-
vided that the County Judge SHALL issue all licen
ses required by law to be issued in the county,"
and as the New Constitution went into effect on
the first day of January, 1887, this provision with
regard to licenses also went into effect then un-
less there is some other provision in the New
Constitution 10 the contrary. The Attorney
General holds that there is such provision and
cites Section IS Of Article 49, which provides
that "all courts as now organized and consti-
tuted shall continue with their jurisdiction until
the Legislature shall conform to the requirements
of this Constitution the Jurisdiction of such
courts as, under this Constitution, are to exer-
else in whole or in part the Jurisdiction of courts
now organized" think that I have clearly
shown above that the County Judge has virtually
the same jurisdiction under the New Constitu-
tion that he had under the Old, except with re-
gard to the issuing of icenses 1t strikes me that
before we can determine whether Section Is OF
Article 18 applies to the issuing of licenses or not
we must first decide whether or not the issuing of
licenses is judicial or ministerial in its nature.
Ii it is judicial, said section would probably APP
ply, but if ministerial, hold that it would not
apply. presume that no one would seriously
contend that the issuing of licenses was Judicial
in its nature If so, however, content myself
with referring the one holding such position to
any good law dictionary, where he can,
under the heads of judicial and ministerial
readily see the difference. Suppose the New
Constitution provided that all licenses should he
issued by the Tax Assessor or the Collector OF
Revenue of the respective counties, would our
Attorney General contend that said Assessor or
Collector could not issue any licenses until the
Legislature passed a law to that effect? The
fact is that our Attorney General must have con
founded Section II with Section 10 of Article 5.
1t is Section 18 that provides for the organization
of county courts which shall have Jurisdiction
up To five hundred dollars. The provision in
regard to the issuing of licenses, however, is the
latter part of Section II and is not part of Sec
ton 18. 1t is provided that the County Judge
shall issue all licenses, not the new county court
TO be organized by the Legislature. The matter
is important in that il involves the validity of all
licenses issued in 1887 prior to the assembling OF
the Legislature and also involves the validity OF
all marriages taking place under said licenses,
and would like to see full discussion of the
question. Respectfully,
T. M. SHACKLEFORD.